2002 - PUD agreement and transient merch. lic.

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OO }.,z, .40, 0./v. . ,� CITY of ORONO ra f / 1 1 Municipal Offices ! , ' Street Address: Mailing Address: g0 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 April 10, 2002 Cliff Often Often Brothers Nursery 2350 West Wayzata Boulevard Long Lake, MN 55356 Re: "Snack Wagon" Dear Cliff: We've reviewed the pertinent ordinances and PUD documents and have reached the following conclusions regarding the sale of prepackaged foods, soft drinks and the like from a trailer on your property: 1) The PUD Agreement specifically does not permit the sale of"candy,ice cream,soft drinks" and"retail foods". I've highlighted the pertinent language in the attached excerpt page from the Agreement. Therefore, the use can only be allowed if you gain approval for a PUD amendment. This will take until the end of May at best, if you make application by noon on April 17th, as we discussed. 2) The other option we looked at was the Transient Merchant License;however,the limitation on such a license is that a transient merchant can only be licensed for a maximum of 10 days per year, which does not meet your goal of operating through the end of May. The code section (5.30) and the pertinent sections are highlighted. Also attached is a Transient Merchant's License application, which requires Police Department approval but does not have to go to Council. My conclusion is that ultimately you would have to get a PUD amendment and operate the stand as a part of your business rather than as a transient business. Regarding the corn/produce stand during the late summer/fall harvest season, I have learned that State law allows a farmer to set up a temporary sales stand just about anywhere he can get permission to do so, to sell produce. Please call if you have questions. Sincerely, Mike Gaffron d G Planning Director encl. 6 , l,'4"4 14Sts l C 3ftrc .S. 30 Telephone(952)249-4600 • Fax(952)249-4616 ditr) 'PO /�C-QiMT P, ZoF